Solicitors to consider Minister’s changes in criminal defence legal fee payments aimed at resolving dispute

Criminal defence lawyers will consider changes agreed by Minister for Justice Jim O’Callaghan aimed at resolving the bitter dispute over criminal legal aid payments in the District Courts.The dispute, which has resulted in work stoppages in the criminal courts as solicitors opposed the new system, arose over the introduction of a flat fee payment at the beginning of this month.O’Callaghan is sticking with the flat fee payment of €520 for criminal legal aid cases but, in a bid to break the deadlock, has agreed to pay two-thirds of the fee at the start of a case and the remaining one-third at the conclusion of the case or 12 months later, whichever comes first.Sources among solicitors who are impacted suggested on Tuesday the proposals fell “well short” of the reform that defence lawyers are seeking.READ MOREThe changes were unlikely to lead to any immediate suspension of the withdrawal of their services, which has been under way since last month, the sources said.The withdrawal of services has caused severe disruption of the work of the criminal courts, leading to the adjournment of thousands of cases, particularly in the District Courts.In a statement on Tuesday, issued after meeting representatives of the solicitors and Law Society on Monday, O’Callaghan said he had listened to the issues raised by criminal practitioners regarding the new criminal legal aid scheme which commenced on July 1st. He said he had issued correspondence to the Law Society confirming that the flat fee of €520 for District Court criminal legal aid cases “will remain in place”. However, in response to his meetings with the solicitors’ professional body, he said he has agreed to have the payment of the flat fee split to allow for two thirds to be paid at the commencement of a case with the remaining third to be paid at the end of the case or after 12 months of the commencement, whichever comes first. This has no cost implications for the Criminal Legal Aid Scheme, the statement said.The Minister confirmed the new scheme allows for a new legal aid certificate to issue for an accused person where the charges arising are distinct and separate to any court appearance made by that person previously.The statement said Department of Justice officials will keep an ongoing review of the operation of the new scheme in the Children’s Court and for cases where more than 20 appearances are required over the coming six months “to inform any changes that may be required within these limited circumstances”.Any solicitor who has resigned from the criminal legal aid panel but now wants to be reinstated arising from the “clarification” provided in the statement will be able to do so without delay by requesting same from the Courts Service, the statement concluded.In a statement on Tuesday, Law Society president Rosemarie Loftus, said it had received correspondence from the minister which has been circulated to criminal law solicitors. The chair of the society’s criminal law committee will be calling a meeting of practitioners to discuss the contents of the correspondence, she said. The society is seeking clarification from the department on a number of matters in advance of that meeting, she added.